General terms and conditions for buying your watch

INTRODUCTION

These Purchase Terms apply to any purchase made by L'Écrin, using this website and any associated mobile or digital applications that refer to these Purchase Conditions (the “Platforms”) or by telephone or through our purchasing team.
By selling your watch to L'Ecrin, you agree to be bound by these Purchase Conditions.
You should keep these terms of purchase for future reference.
You agree to be bound by the Terms of Use, Privacy Policy, and Cookie Policy whose terms are incorporated into these Purchase Terms.
It is important that you read and understand these Purchase Terms before selling your watch to us. If there is a term you don't understand or agree to, talk to a member of our team or, if no member of our purchasing team is available, contact our customer service team by email at lecrin.geneve@gmail.com or by phone at +41.78.826.41.21.
The titles of the clauses do not affect the interpretation of these Purchase Conditions.
A reference to “written” includes email.
Unless the context requires otherwise, words in the singular include the plural and, in the plural, include the singular.
Any word following the terms including, without limitation, in particular, in particular, for example, or any similar expression should be interpreted as indicative and should not limit the meaning of the words, description, definition, definition, sentence, or term preceding these terms.

ELIGIBILITY FOR SALE

  • Only people who:
    • have reached the age of legal majority required to enter into contracts (18 in most countries); and
    • have the legal capacity to enter into contracts may sell their watch to L'Ecrin under these terms of purchase.

“SELL YOUR WATCH” PROCESS

If you want to sell your watch to us, you will need to provide us with details about your watch, including its model, brand, age, the existence of the box and/or manufacturer's documents and the serial number (if available), by entering the details on the “watch sales and repurchase” page on our Platform or by emailing us at lecrin.geneve@gmail.com indicating all the details set out above.
You can also sell your watch in person by making a physical appointment by contacting us by email at lecrin.geneve@gmail.com or by phone at +41.78.826.41.21.
At the end of the “buying your watch” process, L'Ecrin will offer you an initial offer, which will be a preliminary and conditional offer based on the information you have provided (“Initial Offer”).
Please provide complete and accurate information about your watch. If you provide inaccurate or misleading information, you may end up with an incorrect initial offer that you cannot rely on.
We will communicate the Initial Offer to you by email, telephone, online or paper notification if in person. If you do not receive or are unable to receive your initial offer, please contact our purchasing team.
Any initial offer is made “subject to contract” and is not legally binding. We reserve the right to change or withdraw this initial offer at any time, for any reason, without incurring any liability to you.
When you receive an initial offer, you also have a 7-day deadline for accepting the initial offer. If you do not accept the initial offer within this period, the initial offer will lapse, unless otherwise agreed in writing by us.
L'Ecrin strives to be as transparent as possible in applying the fees associated with your transaction. A minimum service fee will apply to all repurchase transactions and will be indicated to you when the initial offer is submitted. This minimum service charge will cover the cost of pre-sale interventions that all watches must undergo (including, but not limited to, cleaning the watch by our specialized teams).
Once your watch is received at our service center, it will be subject to a physical inspection and due diligence check, which will include a search of databases or records of lost or stolen items. Please note that if your watch appears in a stolen watch database or register, whether internally or externally, L'Écrin may be legally required to keep the watch and, where appropriate, to inform local law enforcement authorities. In this case, no payments or credits will be made and you may need to contact the relevant registry operator and/or local law enforcement to resolve the issue directly.
Once the due diligence checks and physical inspections have been carried out and deemed satisfactory, we will be able to present you with a Definitive Offer, which will constitute the formal offer to purchase your watch by L'Ecrin (“Definitive Offer”). If we decide to offer you a Definitive Offer, we will indicate to you, on the notification of the Final Offer, a period of time for accepting the Definitive Offer before it lapses. Any extension of this period is at our sole discretion. We will communicate your final Offer to you by email, telephone or in person. A final Offer not accepted within a period of four days (4) may be withdrawn or amended at any time by L'Ecrin without incurring any liability to you.
If we decide not to complete the purchase, we will arrange for the watch to be returned, unless we are legally prevented from doing so.
The Definitive Offer may differ from the Initial Offer for the following reasons, but this list is not exhaustive:

  • the watch does not fully comply with the information provided during the Initial Offer process;
  • the condition of the watch requires revision interventions to bring it into salable condition;
  • other relevant items that were not previously disclosed and that affect the assessment.

If your watch requires an additional service before L'Écrin can purchase it, L'Ecrin will indicate the cost of the revision, including details concerning the interventions or spare parts required. Before entering into the contract with us, you hereby consent to the box and/or documents containing your personal information (for example a warranty card bearing your name) being sent to a potential L'Écrin customer. We inform you that only the mention of your name on these documents is likely to be brought to the attention of a potential purchaser. Your personal contact details, including your mailing address, telephone number and email address, remain strictly confidential and are not the subject of any communication. In addition, when a purchase invoice accompanies the document, the personal data and the address that appear on it are anonymized beforehand before any transmission. If the box and/or documents contain personal information from third parties, you declare that you have received the necessary authorizations to share this information with a potential customer of L'Ecrin and you agree to fully indemnify us in the event of a claim by a third party against us concerning the transmission of this third party's data concerning the transmission of this third party's data during a subsequent sale of your watch by us. The contractual relationship between us will only be effective from the moment you have accepted the Final Offer. You reserve the right to accept or refuse any definitive Offer offered to you. L'Ecrin declines all responsibility in the event that the definitive Offer does not meet your personal expectations. The nature of the transaction you are entering into is a material and fundamental part of the Initial Offer or the Definitive Offer provided. If the nature of the transaction is changed, for example from a watch exchange transaction to a direct purchase, L'Ecrin reserves the right to modify the offer that was previously communicated to you without any liability to you. L'Ecrin can sometimes offer different prices for exchanging watches. You will be notified of the purchase process by email or phone. Time is not essential for Ecrin to fulfill any obligations set out herein. Despite our best efforts, we may provide you with an incorrect Initial Offer and/or Final Offer. If, for any reason, an error has occurred in the Initial Offer and/or the Final Offer, we will remedy it as soon as possible after being notified of the error. If the error is obvious and unmistakable and could reasonably have been recognized as a pricing error, we are under no obligation to purchase the watch from you at the wrong price, notwithstanding your acceptance of any final Offer. We decline all responsibility in the event of fortuitous errors or errors due to human error or system failure. The acquisition of your watch is formalized by a contractual document entitled “Transfer Contract”, subject to your verification and signature for acceptance. By signing this contract, you attest to the accuracy and sincerity of the information provided, and you declare that you are acting in good faith, without fraudulent intent or maneuver likely to vitiate the consent of the parties. For this purpose, a copy of a valid identity document will be requested in order to meet our legal obligations.

PRICE AND PAYMENT

The prices we indicate in our offers, on the Transfer Agreement and all payments we make are denominated in Swiss francs, unless otherwise agreed by us. The price shown is net of all costs. Any costs will be detailed to you before accepting the final Offer.
We will make the payment to the bank account that you have designated to us. Please note that it is your responsibility to ensure that your bank details are accurate. We are not responsible if you provide inaccurate bank details to us.
Payment will be made by BACS (Banks Automated Clearance System) bank transfer and it may take approximately 7 business days for the cleared funds to be received after the payment due date. We are not responsible for any delay that is unavoidable under the circumstances. We reserve the right to pay by any other payment method when reasonable and as part of a cash payment, we apply a payment limit of up to CHF 15,000. All bank details must be entered by you and you are responsible for the accuracy of these details.
We will not make any payments to third parties and will only make one payment.
International sellers may be subject to additional bank fees.
L'Ecrin reserves the right to offset any amount you owe it as part of the process of buying your watch.
Please see the Watch Exchange Terms and Conditions section for more information on watch exchange transactions.
The price shown in the offer does not include import duties or other taxes, fees, and charges that may be applicable.
You must pay all amounts due under these Purchase Terms in full, without any deduction or withholding, except as required by law, and you are not entitled to assert any credit, setoff, or counterclaim against us to justify withholding payment of all or any portion of such amounts. We may, at any time, without limiting any other rights or remedies available to us, offset any amount you owe us with any amount we owe you.

DELIVERY

Following acceptance of the Initial Offer, you will be presented with several options on how and where to send your watch for due diligence and physical inspection purposes. These options are generally as follows:

  • send the watch to the address of the L'Ecrin offices: Rue François de Versonnex 7, 1207 GENEVE.
  • hand over the watch to a member of the L'Ecrin staff.

The watch is your responsibility until we receive it at our premises. It will be your responsibility to pack your watch properly if you send it to us by parcel. We are not responsible for damage, loss, or non-receipt if, in our reasonable opinion, the watch was not packed properly prior to handing over the package to your designated carrier or to our premises.

Risk and title of ownership.

Your watch is our responsibility from the moment we receive the watch. If the watch is returned to you, the responsibility will revert to you at the time of delivery to the location you specified. Ownership of the watch will pass to us as soon as the contract has been concluded between us, i.e. when you have accepted the final offer and you are paid.

CUSTOMS AND IMPORT/EXPORT OBLIGATIONS

If you live outside of Switzerland's customs area, you may also be required to pay import/export duties and/or other taxes, fees, and fees applied by customs or other authorities. You may also make certain claims and/or pay additional fees if your watch incorporates particular materials (for example, but not limited to, exotic skin bracelets or precious stones). You must comply with all relevant laws and regulations in your country as well as in Switzerland. Any additional costs associated with customs clearance are your responsibility; we have no control over these costs and cannot predict them. If you are unsure whether these fees and/or declarations may apply to your order, please contact your local tax or customs office for more information before sending your watch to us. We are not responsible for you if you fail to comply with these obligations.

YOUR COMMITMENTS

  • Information provided by you:
    • all information you provide to us is authentic, accurate, and complete;
    • you have not concealed any facts or elements concerning the identity, quality, history, history, history, origin, origin, authenticity, legal status, or general character of the watch that could be considered by a reasonable purchaser in our position to be important or likely to influence the decision to purchase the watch;
  • Property title:
    • you are the owner of the watch and you have the right to sell it without any charge, right of retention, constraint, or claim, including any rental-purchase agreement or any other credit agreement. In particular:
      • the watch has not been reported to the manufacturer, police, or other authority as lost or stolen;
      • the watch is not covered by an undisclosed funding agreement; and
      • no other person has any right to the watch, whether it is a legal right, security, possession or otherwise
  • Condition:
    • the watch has not been cancelled by the insurance company or major repairs;
    • the watch has not been modified, customized, or tampered with (including by replacement parts that are not original manufacturer parts or counterfeits);
    • the watch is free from significant defects in design, material, and workmanship;

RECOURSE

If the watch is non-compliant and/or if you fail to comply with any of the commitments set out in the “Your Commitments” section and/or any other obligations you have under the contract, then, without limiting our other rights or remedies, we will be entitled to exercise one or more of the following remedies, regardless of whether or not we have accepted the watch:

  • termination or cancellation of the contract;
  • refusal of the watch and return it at your expense and risk;
  • request for a full refund of the price (if paid); and/or
  • claim for damages for any other costs, losses, or expenses we have incurred that are, in any way, attributable to your failure to comply with your obligations under the contract.

Our rights and remedies under these Purchase Terms are in addition to our implied rights and remedies under law and customary law.In addition to the remedies set out above, you agree to fully indemnify us and hold us harmless from any and all liability, claims, losses, damages, damages, damages, damages, damages, damages, damages, fines, fines, costs, fines, costs (including legal fees and other business fees) and customs and excise taxes or duties, and any related penalties or interests.) that we would have incurred as a result of or in connection with a breach of any of obligations incumbent on you under the contract or with a delay or failure on your part to comply with the laws, rules, or regulations of any jurisdiction, including, but not limited to, claims by third parties arising from a breach of your obligations under these Terms of Purchase. We are entitled to assert these remedies at any time, to the fullest extent permitted by law, including after you have purchased the watch.